lawyers had been harassed during their working life and 52% of lawyers had been
bullied during their working life. 29
25.
The Commission receives between 70 and 80 sexual harassment complaints annually,
with approximately 85% from women. It is thought sexual harassment is grossly
underrepresented for reasons such as fear of retaliation, a lack of workplace support,
self-minimisation of the harassment, or concern by victims that they will not be believed
if they speak up.
26.
Sexual harassment is covered by both the Employment Relations Act 2000 and the
Human Rights Act 1993. Both agencies hear complaints and provide a mediation service,
however, the processes can be complex and arduous. There is increasing concern that
sexual harassment is more prevalent than is reported and that current mechanisms are
not victim-centric.
Recommendation 6
a. Introduce legislation requiring all workplaces to have a sexual harassment policy that is
robust and meets certain minimum standards.
b. Create a nation-wide sexual harassment strategy and fund a centralised agency (like
WorkSafe) that is mandated to confidentially investigate complaints, provide support
to victims, and conduct sexual harassment training within work places.
c. Investigate potential systems for appropriately recording complaints about individuals
to help identify potential patterns or recidivist activity.
Exploitation and Trafficking
CEDAW Arts: 6
27.
SDGs: 5 | 8 | 16
New Zealand is a destination country for men and women subject to forced labour and
trafficking.30 Around 80% of transnational victims of human trafficking are women and
girls.31 As outlined in the report Worker Exploitation in New Zealand: A Troubling
Landscape32 exploitative practices affecting female workers include non-payment of
wages, payment of wages well below minimum wage, excessive working hours,
employers threatening to report workers to government authorities if they complain,
29
New Zealand Law Society (2018) Workplace Environment Survey Available:
https://www.lawsociety.org.nz/__data/assets/pdf_file/0009/122679/Report-28-May-2018.pdf
30 US Department of State (2017) Trafficking in Persons Report Available:
https://www.state.gov/documents/organization/271344.pdf
31 Joy Ngozi Ezeilo (2009) Report of the Special Rapporteur on Trafficking in Persons, Especially Women and Children,
A/HRC/10/16 (2009) at 6
32 Christina Stringer, Worker Exploitation in New Zealand: A Troubling Landscape (December 2016)
www.workerexploitation.co.nz/report
10